TaxTMI 
TaxTMI 
2019 (2) TMI 1392
X X X X Extracts X X X X
X X X X Extracts X X X X
....lly heard. 2. The petitioner has filed the present petition, inter alia, impugning the Minutes of the Meeting (impugned minutes) held on 12.12.2018, between the officials of the Directorate General of Foreign Trade (DGFT); the Ministry of Environment, Forest and Climate Change; the Ministry of Petroleum and Natural Gas and; the Indian Oil Corporation. The petitioner also impugns a letter dated 01.02.2019 (bearing F No. 01/93/180/03-AM-10/PC-2A/Part-1/Vol- II/P-12495/1186) sent by the DGFT informing the petitioner that it was decided to adjust the eleven consignments of Raw Pet Coke (hereafter 'RPC') cleared by the customs against the quota as allotted to the petitioner no. 1 for the period between October, 2018 and March, 2019. 3. The....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sulphur content less than 3.5%. ii. As per BIS guidelines, calciners are permitted to use high sulphur containing raw petroleum coke for making CPC having sulphur content less than 3.5%. There still be emission of S02 in high concentration (para 1 of results) which needs to be treated in Flue gas desulphurisation system having efficiency of sulphur removal more than 90%. The views expressed by the CPCB have been considered by the Ministry of Environment, Forest and Climate Change which is in agreement with the CPCB. It is stated by learned amicus curiae that the views expressed by the CPCB are also acceptable to EPCA. Consequently, raw pet coke (domestic and imported) can be used as a feedstock for producing calcined pet coke. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....kh MT amongst the 9 applicants as under: 1 2 3 4 5 6 7 S.No. Name of the firm Date of receipt of application Quantity applied for import Capacity Half the Annual capacity (as indicated in Col.5) in MTs Quantity of Petcoke allocated in MTs 1. Rain CII Carbon (Vizag) Ltd. 3.12.2018 3,52,145 5,00,000* 2,50,000 248871 2. Snvira Industries Ltd. 6.12.2018 1,83,746 2,00,000* 1,00,000 99548 3. Goa Carbon Ltd. 06.12.2018 2,07,900 2,65,000* 1,32,500 131902 4. Kalinga Calciner Ltd. 07.12.2018 42,000 60,000* 30,000 29865 5. India Carbon Ltd. 07.12.2018 37,800 54,000* 27,000 26878 6. Petro Carbon and Ch....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ertain directions. The same was disposed of by an order dated 09.10.2018, with the clarification that the said consignments may be cleared against the overall limit of 1.4 Million MT per annum. The relevant extract of the said order reads as under: "IA NO. 109181/2018 (APPLN. FOR DIRECTIONS ON BEHALF OF RAIN CII CARBON (VIZAG LTD.) Rain CII Carbon (Vizag) Ltd. Has filed an affidavit pursuant to our order dated 23rd August, 2018. In the affidavit, it is stated that 11 contracts have been entered into on or before 26th July, 2018 for the import of Anode grade raw pet coke. Vessels pertaining to these 11 contracts have already arrived sometime in August, 2018. In view of the orders passed above today, the consignment may be clea....
X X X X Extracts X X X X
X X X X Extracts X X X X
....able for import of (i) Calcined Pet Coke for use as Calcined Pet coke in Aluminium industry is 0.25 Million MT and (ii) Raw Pet Coke for CPC manufacturing industry is .52 Million MT. This is available all industrial units in these two sectors including the petitioners." 9. The quantitative limit for the import of RPC was incorrectly noted at 0.52 Million MT and the same was rectified by a Public Notice dated 06.12.2018. 10. The respondents are required to implement the quantitative restrictions on the import of RPC and the decision to implement the same on a fiscal year basis cannot be faulted. Since the said decision was rendered by the Supreme Court on 09.10.2018, the respondents in a meeting held on 12.12.2018, have decided to put ....